Legal Articles for Bay Area Tenants

Berkeley Rent Control

What units are covered by the Berkeley Rent Control? The Berkeley Rent Stabilization and Eviction for Good Cause Ordinance has two separate protections that are best thought of as distinct: rent increase limitations and just cause eviction protection. Some units in the City of Berkeley have eviction protection, but do not have limitations on rent increases. Other units have both the eviction protection and the rent increase protection. And, a few units have neither protection. Buildings with two or more… Read More »

San Jose Rent Control Ordinance and Eviction Protection

The City of San Jose has a rent-increase limitation ordinance (“San Jose Rent Control”), which prevents excessive and unreasonable rent increases, and a just cause eviction ordinance (“San Jose Eviction Control”), which protects certain tenants from eviction absent one of the enumerated just causes for eviction. San José, Cal., Mun. Code Title 17, c. 17.23 (2017). The Ordinances only apply to certain residential rental units. Am I covered by the rent-ceiling protections of the San Jose Rent Control Ordinance? San… Read More »

Oakland Relocation Program

What is required for a temporary eviction for substantial repairs? Before sending a tenant a written notice to vacate for substantial repairs, the landlord must obtain all necessary permits from the City of Oakland. The eviction must be in good faith and be for substantial repairs that cannot be completed while the unit is occupied. The substantial repairs must be necessary either to bring the property into compliance with applicable codes and laws affecting health and safety of tenants of… Read More »

New 2017 Tenant Laws

2017 ushered in a host of state and local laws that affect your legals rights as a tenant: New State Tenant Laws The California legislature enacted several laws protecting tenants, including creating new laws related to bed bugs, regulating condominium pesticide treatment notices and procedures, and augmenting rules pertaining to public accessibility of court records in unlawful detainer proceedings. AB-551 – “Bed Bug Law” (Effective 1/1/17) This law establishes a landlord’s duty to ensure prompt treatment and control of bed bugs.… Read More »

Richmond Rent Control

The City of Richmond has a rent increase limitation ordinance (“Richmond Rent Control”), which caps the annual amount a landlord can increase rent, and a just cause eviction ordinance (“Richmond Eviction Control”), which protects tenants from eviction absent one of the enumerated just causes for eviction. Richmond, Cal., Mun. Code Art. XI, c. 11.100 (2016). The Richmond Rent Control Ordinance only applies to certain residential rental units, as described below. Richmond Eviction Control applies to nearly all residential rental units… Read More »

Oakland Rent Control

Am I covered by Oakland Rent Control? The Oakland Residential Rent Adjustment Program applies to buildings with two or more units in Oakland that have a certificate of occupancy prior to January 1, 1983. However, the following units are not covered by the Oakland Rent Ordinance: 1. Dwelling units in subsidized housing, including units where tenants are using Section 8 vouchers; 2. Motels and boarding houses where the tenant has not been in continuous residence for thirty or more days;… Read More »

Los Gatos Rent Control

What units are covered under the Los Gatos Rent Ordinance? Properties with three or more rental units held under common ownership and located in the City of Los Gatos are covered. The Ordinance covers all rent increases and landlord/tenant disputes arising after July 1, 1980.[1] The following units are excluded from rent control: Multi-unit properties where only one unit is available for rent; A room in an owner-occupied dwelling where under the lease provisions the tenant has limited use of… Read More »

Forcing Your Landlord to Repair

What are a landlord’s responsibilities regarding repairs? A landlord must make a rental unit habitable both prior to and during a lease. The landlord is legally required to make all necessary repairs to ensure habitability. The case of Green v. Superior Court held that all residential rental agreements contain an implied warranty of habitability. [1] A landlord is responsible for repairing all serious defects that affect a rental unit’s habitability.[2] In addition the landlord is responsible for any significant failures… Read More »

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